Terms & Conditions
John Tutt Limited (trading as Newton Seed)
WEBSITE TERMS AND CONDITIONS OF USE
John Tutt Limited (trading as Newton Seed) makes this website, including all information, files, text, graphics, software and products available for use subject to these terms and conditions, as amended and published on this website from time to time. Please ensure that you are familiar with these terms and that you are using the most up to date terms and conditions by refreshing your browser on each visit.
These terms and conditions govern all sales and purchases made by our customer (you), regardless of whether the order was transmitted via the internet, telephone/fax or post. By accessing, browsing and/or using this site you acknowledge that you have read, understood and agree to be bound by these terms and agree to comply with all applicable laws and regulations. If you do not agree with these terms, please do not continue to use this site.
Whilst all care is taken with the information posted on this website and it is regularly updated for changes and inaccuracies, Newton Seed does not guarantee the accuracy of any information on the website. Newton Seed shall not be liable for any errors or delays in delivery of products or presentation of content on the website, or for any actions taken by you or any other person in reliance upon them.
ORDERING AND SHIPPING
If you are ordering products you warrant that you have reviewed the contents of your order and that it is correct in all respects. Newton Seed will deliver the Products to the delivery address you have nominated in your order.
Delivery is restricted to New Zealand physical addresses only. All our items are professionally packed for safe delivery. This usually takes between 1-7 working days depending on the delivery service for the final destination. Delivery times are estimates only and Newton Seed is not responsible for delivery delays.
Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. The customer is solely responsible for the cost to redeliver an order due to the use of an incorrect address.
Once your order has been shipped you are not able to cancel your order.
NEWTON SEED CUSTOMERS AND ACCOUNTS
You may register for a Newton Seed account. All information you provide on registration must be true and accurate. If you provide false information we may terminate your account at any time. Only you may use your Newton Seed account. You are solely responsible for the use of your account, for ensuring that your account details remain confidential, and for preventing others from gaining access to your account. Newton Seed may terminate, suspend or prevent access to your account, or cancel any order you make at any time without notice to you.
All prices quoted to you or published on this website are subject to change at any time at the discretion of Newton Seed. You will be charged in the currency indicated on the website at the time you place your order. Newton Seed reserves the right to reject any order (or part of an order) which contains incorrect pricing (regardless of the reason for the error). Prices are not negotiable and unless marked otherwise, do not include delivery. Delivery costs are calculated and added separately.
Payment options provided by Newton Seed are Visa and MasterCard. Your credit card will be billed when you confirm your order.
Where a product is defective, Newton Seed will comply with its minimum obligations under the law. In most cases, this means we will replace the defective product or give you a refund (at our discretion). Alternatively, if you agree, we can give you a credit. Except to the extent prohibited by law, our liability in all instances will be limited to providing these remedies.
If an order is not received or if an item is received and it is either damaged or faulty, please email email@example.com as soon as possible (and in any event within 10 days of the invoice date for the goods).
Products which do not match the relevant purchase order or invoice may be returned to Newton Seed provided that Newton Seed are advised of the particular error within 10 days of receiving the products and that the products are returned in the same condition as they were delivered.
CONSUMER GUARANTEES ACT 1993
Where goods and/or services are supplied and acquired in trade in terms of section 2 and 43 of the Consumer Guarantees Act 1993 (CGA), then the parties agree to contract out of the provisions of the CGA under section 43(2)(c) of the CGA.
USE OF WEBSITE
You must only use the Newton Seed website for legitimate purposes. Under no circumstances may you alter any part of the website or try to access it other than through a web browser for the purposes of obtaining information about, or purchasing, our products and services. No part of this site may be reproduced for any reason, nor may any parts of the site be displayed anywhere else using frames or other html manipulation processes unless written permission has been granted by Newton Seed. This includes using or displaying our logos, trademarks, or registrations.
SECURITY AND PRIVACY
INTELLECTUAL PROPERTY IN AND USE OF MATERIALS
All copyright, trademark, patent, and/or other intellectual property rights in the materials in this website (including text, images, software and data) (Materials) are either owned by, or licensed to, Newton Seed. You must not copy, republish, upload, post, modify, frame, transmit, rent, lease, loan, sell, assign, distribute, license sublicense, reverse engineer, decompile or create derivative works based on this website, its Materials or its selection or arrangement except as expressly authorised in these terms and conditions.
There are or may be trademarks pending on the tradename “Newton Seed” and the logo of Newton Seed. Other trademarks, logos and marks used on this website are owned by their respective owners and licensors. You may not use any name, logo or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Newton Seed or other respective owner of such name, logo or mark.
You may download one copy of the Materials for your personal use only, provided you retain unmodified all copyright and other proprietary notices. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a breach of the intellectual property rights of Newton Seed or its licensors and is expressly prohibited unless the prior written consent of Newton Seed is obtained.
Newton Seed reserves all legal rights and remedies available to it.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Information on this website or on any other website linked to this website is provided on an “as is” basis and without any express or implied warranty as to its accuracy, reliability, fitness for purpose or non-infringement of intellectual property or other rights.
NEWTON SEED SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF YOUR EQUIPMENT OR DATA, YOU ASSUME ANY COSTS RELATING TO THAT.
To the extent we are held liable to you (including, without limitation, in negligence) in relation to your use of this website or any breach of these terms, our liability shall be limited to an amount equal to the purchase price of the affected goods or services. Where you do not make a purchase, our liability to you shall not exceed $50.00. This limitation shall apply even if we are advised of the likelihood of loss or damage occurring.
You agree to indemnify Newton Seed and to hold Newton Seed harmless from any and all claims (including reasonable solicitors' fees and costs) resulting from your acts or omissions which relate to your access to, or use of, this website.
This website may incorporate links to the internet sites of other parties unrelated to Newton Seed. Any such links are publicly available on the internet and are provided solely for your convenience. Links on this website are not affiliated in any way with Newton Seed and Newton Seed has no influence over, and shall not be liable on relation to, the content of third party websites.
These terms, and all other matters relating to your access to, or use of, this website shall be governed by the laws of New Zealand, without regard to the principles of conflicts of laws. You agree, through your use of this website to submit to the exclusive jurisdiction and venue of the courts of New Zealand, and agree to waive any objections thereto.
If any provision of these terms and conditions is deemed unenforceable, illegal, or void, then that provision shall be deemed severable from these terms and conditions and the remaining provisions shall continue in force.
For general inquiries about this website, you may contact us at:
Newton Seeds (a division of John Tutt Limited)
PO Box 13523
Phone: (09) 636 4918
Terms and conditions dated: January 2023